Abbey (merged)

Stokey125

ghelert wrote: »

I am a fair way through the process with a claim from Abbey, and have filed the claim via MCOL, who have referred the claim to Northants County court. I have received a letter from the court stating that an acknowledgement of service of my claim has been received and that Abbey had 28 days to form a defence.

The 28 days has lapsed yesterday and I have had no correspondence (other than Abbey stating they would be applying for a stay) to give court dates etc.

Is this normal? Should I be receiving details of the defence and dates soon?

If you have not recieved a copy of the defence check with the court and if they have not recieved a copy of the defence either then you should enter judgment by default.

sparky0107

Jingha wrote: »

Thank you Mark, this was really useful.

Jingha

You're welcome
Good luck in court, hope everything turns out OK, keep us posted. Still waiting to hear whether our cases are going to be heard at St Helens County Court.

Mark

angelcake

Dear Sirs

I thankyou for your letter dated (....) and note the contents.

In respect of your goodwill gesture of £750 I accept only as Part payment and without Prejudice as it is still my intention to claim for the full amount.

Hi, I basically sent the above letter to my bank who had refunded me £750 just out of the blue.. I am owed up to £5000 so can't just let it drop! What do you think I should do now? I am happy to accept around about £3000 and was wondering whether I should send them a letter to reflect this? or perhaps say I am willing to accept £4000 and let them take me down!? I am heavily pregnant and due in 2 weeks so wanna get this sorted asap whilst I can still sort of think straight! (-ish!! :rolleyes: )

owengregory6

I would get the ball rolling and take them to court. I know it will proberly get stayed but go for it. Show them you are serious.

angelcake

I can't afford to take them to court to end up losing the money so there is no point in doing that yet. I just wanna know would I get a reasonable response if I were to re-ask them for a revised list of charges!

Beate

Most likely not. Abbey's standard goodwill gesture is £750, for anything over that you will have to go to court, and all new claims are being stayed for the time being. But if you don't take them to court, you risk getting time-barred on all charges close to the 6 year mark.

taz2426

help
I was just about to submit a court order for £9,700 bank charges only to recieve a letter from abbey stating that all cliams are on hold until test case.
i started my claim in may and was before the date stated in the annoucement is it still worth applying to the court or wait

taz2426

angelcake

I only requested 4years worth anyway so should I be ok with that?

I really can't take the risk with paying the court fee - surely it won't get me anywhere anyway?

king100

Personally i would still take them to court, it depends on how far back you are wanting to go with the charges.

e.g. If your charges are close to 28th August 2001, then i would claim in court, you will get a stay but at least you will have those charges as part of the package. If you wait until the hearing which according to some threads will be in Jan with outcome in April. All the charges between now and then will not count(due to 6 yr rule).

If there are no charges between now and say april i would personally wait.

Hope that is understandable.

GeorgeUK

I think most people, much to the banks annoyance, are taking the view that it's business as usual. It is possible that the court stays the case until the result of the main case with FSA is settled, but that decision is down to the individual judge for each individual case. The banks are trying to give the impression that all claims will be put on hold. This is simply not true.

Even if the bank appeals for a stay in your case, i think you can appeal against this. Have a dig around here and on the consumeractiongroup forum and see what has been happening with recent cases.